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Q&As on using YouTube for education

by admin — last modified 2009-04-07 03:04
These Q&As are for people in educational institutions. We assume you are familiar with the basic copyright principles in our introduction to copyright and the information on our educators page.

This information is for general guidance only; it is not legal advice.

questionanswermore
 
Can we show YouTube videos in class?
In our view, you can show a YouTube video to a class, provided:
  • the class is not conducted for profit, and
  • the video is streamed directly from the YouTube website.
QA0006
Can we download a YouTube video to show in class? There are three legal issues: infringement of copyright, breach of contract, and circumvention of a technological protection measure.

Copyright: Section 200AB of the Copyright Act can allow an educational institution to download a YouTube video without infringing copyright. The criteria for section 200AB are complex, but they are more likely to apply if:
  • a copy of the video is not available for sale;
  • a copy is not available under a licence (including an off-air copy made under Part VA);
  • you need the video for a particular class;
  • you use no more than is required for that class;
  • your institution is not receiving any commercial benefit from the use;
  • the video does not infringe copyright; and
  • you delete the copy when it is no longer needed for the class.
Section 200AB is unlikely to apply if you can get the video from another source (such as a resource centre licensed under Part VA or a licensed download).

Contract: YouTube’s Terms of Use prohibit downloading videos from the YouTube site. You can get access to the content on YouTube's website, however, without looking at the Terms of Use. If you are not aware of the Terms of Use, and have not accepted them, then they are unlikely to be legally binding on you. If, on the other hand, you have accepted the Terms of Use – for example, by signing up – then you will be covered by a contract with YouTube and downloading videos would appear to breach that contract.

TPM circumvention: We understand that downloading a YouTube video requires circumvention of a technological protection measure (TPM) intended to prevent copying of the video. While circumventing such a TPM is not prohibited by the Copyright Act (provided the measure does not also control access to the content), making a circumvention device for someone else, and/or supplying a circumvention device or service is prohibited by the Copyright Act.

There will soon be information about YouTube on the Smartcopying website.
QA0009 
Can our school’s music department record a concert and post it to YouTube? Recording the concert
A school that is covered by the AMCOS/ARIA licence can record a concert for educational purposes. The school can distribute the recording to its students to assist them in class or as a commemorative recording of a performance (to be played at home or at school only, not in public).

You also need the consent of all the performers.

Posting the recording to YouTube
The AMCOS/ARIA licence does not allow schools to post a recording of a concert to YouTube.

If the recording is only of live performances of music in the public domain, you do not need a copyright clearance for the music.

If all or some of the music performed is still in copyright, you need a copyright clearance for the posting from the music publisher. If any recorded music was played at the concert, and this is included in the recording of the concert, you will also need a clearance from the record company. Either or both of these clearances may be difficult to get.
QA0041

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